Nishu Kumar @ Alok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13509 of 2017 Arising Out of PS.Case No. -18 Year- 2015 Thana -WARSALIGANJ District- NAWADA ====================================================== Nishu Kumar @ Alok Kumar, son of Subodh Kumar, resident of village - Manama, Police Station Hisua in the district of Nawada .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Opposite Party/s : Smt. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-05-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Warisaliganj P.S.Case No. 18 of 2015 registered for the offences punishable under Section 392 of the Indian Penal Code. Petitioner is not named in the FIR. However, his name transpires during course of investigation and the case is under Section 392 IPC.

It has been submitted on behalf of the petitioner that except confessional statement of co-accused there is nothing against the petitioner and he is in custody since 14.4.2015. It has further been submitted that other co-accused having similar allegation has been granted bail by this Court in Cr.Misc.No. 772 of 2016, vide order dated 11.1.2016.

Patna High Court Cr.Misc. No.13509 of 2017 (5) dt.01-05-2017 2/3 Heard learned APP also, who could not controvert the above submission.

From perusal of the records it appears that a report was called for from the court concerned and the trial court has submitted report stating that two witnesses have been examined in this case and the case is pending for evidence of other witnesses. Having heard both sides and considering the aforesaid facts and circumstances and also considering the fact that there is no likelihood to conclude the trial in near futures, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-V, Nawada, in connection with Sessions Trial No. 156 of 2016/139 of 2016, arising out of Warisaliganj P.S.Case No. 18 of 2015, subject to the conditions that :- (i) The bailors of the petitioner should be his close relatives having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available on each and every date

Patna High Court Cr.Misc. No.13509 of 2017 (5) dt.01-05-2017 3/3 fixed and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason and without permission of the court, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U